substance claim (Kentucky) · Go Syfert
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substance claim in Kentucky

10 Kentucky opinions name it 2 courts 1912–2021 2 in the last five years

The cases below were cited by Kentucky courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Davis v. Gravissgreen
ky · 1984 · cited in 3 Kentucky opinions naming this issue, 1991–2001
2 sentences

2001We began by declining any review until the trial court had first considered the substance of the claim and quoted with approval from Davis v. Graviss, Ky., 672 S.W.2d 928 (1984), which described a CR 59.01 ruling as “a discretionary function assigned to the trial judge who has heard the witnesses firsthand and observed and viewed their demeanor and who has observed the jury throughout the trial.” Id. at 932 .

2001We began by declining any review until the trial court had first considered the substance of the claim and quoted with approval from Davis v. Graviss, Ky., 672 S.W.2d 928 (1984), which described a CR 59.01 ruling as “a discretionary function assigned to the trial judge who has heard the witnesses firsthand and observed and viewed their demeanor and who has observed the jury throughout the trial.” Id. at 932 .

13
Commonwealth v. Tiguegreen
ky · 2015 · cited in 1 Kentucky opinions naming this issue, 2021–2021
1 sentence

2021Before discussing the substance of that hearing, however, it is helpful for the sake of context to first review some of the law applicable to that phase of a criminal proceeding and relevant to this appeal. “[A] motion to withdraw a guilty plea made before entry of the final judgment of conviction and sentence is a ‘critical stage’ of the criminal proceedings to which the right to counsel attaches.” Commonwealth v. Tigue, 459 S.W.3d 372, 384 (Ky. 2015).

11
Rawlings v. Commonwealthgreen
ky · 1979 · cited in 1 Kentucky opinions naming this issue, 2021–2021
1 sentence

2021Rawlings v. Commonwealth, 581 S.W.2d 348, 349 (Ky. 1979), aff’d sub nom., 448 U.S. 98 , 100 S.Ct. 2556 , 65 L.Ed.2d 633 (1980).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Prater v. Arnett green
kyctapp · 1983
2 sentences

2001We followed Prater v. Arnett, Ky.App., 648 S.W.2d 82 (1983), in which the appellate court was held to be precluded from stepping "into the shoes" of the trial court, and precluded from disturbing its ruling unless it was found to be clearly erroneous.

2001We followed Prater v. Arnett, Ky.App., 648 S.W.2d 82 (1983), in which the appellate court was held to be precluded from stepping “into the shoes” of the trial court, and precluded from disturbing its ruling unless it was found to be clearly erroneous.

21992–2001
Rawlings v. Kentucky green
scotus · 1980
2 sentences

2021Rawlings v. Commonwealth, 581 S.W.2d 348, 349 (Ky. 1979), aff’d sub nom., 448 U.S. 98 , 100 S.Ct. 2556 , 65 L.Ed.2d 633 (1980).

2021Rawlings v. Commonwealth, 581 S.W.2d 348, 349 (Ky. 1979), aff’d sub nom., 448 U.S. 98 , 100 S.Ct. 2556 , 65 L.Ed.2d 633 (1980).

12021–2021
Cooper v. Fultz green
ky · 1991
1 sentence

1997While the Court in the Cooper case did not state that a zero award of damages was inadequate as a matter of law, it did state that “[i]t is not appropriate for us, as an appellate court, to review the grant or denial of a new trial for excessive or inadequate damages unless and until the trial court has first considered the substance of the claim.” Cooper, supra, at 501 .

11997–1997
Morgan v. United States green
scotus · 1936
2 sentences

1995Morgan, 298 U.S. at 481-482 , 56 S.Ct. at 912 .

1995Morgan, 298 U.S. at 481-482 , 56 S.Ct. at 912 .

11995–1995
Johnson v. Tucker green
kyctapp · 1964
2 sentences

1966The substance of that principle is: “On the theory that it is an admission against interest, a plea of guilty to a criminal charge is competent evidence in a civil case involving the same occurrence, but it is not conclusive and may be explained.” Ibid. 383 S.W.2d at page 326 .

1966The substance of that principle is: “On the theory that it is an admission against interest, a plea of guilty to a criminal charge is competent evidence in a civil case involving the same occurrence, but it is not conclusive and may be explained.” Ibid. 383 S.W.2d at page 326 .

11966–1966
Adams v. Louisville & Nashville R. R. neutral
kyctapp · 1909
1 sentence

1913This is the substance of the rule announced by us in Adams v. Louisville & Nashville Eailroad Co., 134 Ky., 620 .

11913–1913
Reid v. Owensboro Savings Bank & Trust Co. neutral
kyctapp · 1911
1 sentence

1912But unless the averments of the answers that no certificates of stock were issued to them and that their names did not appear as stockholders, and the fact that they took no part in the affairs of the bank and were denied the right to examine into its condition, takes this case out of the rule laid down in Reid v. Owensboro Savings Bank & Trust Co., 141 Ky., 444 , this case is óontrolled by the decision in that case.

11912–1912

Where else courts name it

IN 372 (1892–2025) TX 273 (1878–2026) CA 128 (1911–2026) IL 101 (1875–2026) NY 69 (1865–2026) PA 64 (1870–2026) CT 48 (1896–2025) CO 45 (1910–2026) OR 40 (1928–2026) NJ 38 (1950–2026) OH 35 (1900–2026) MI 34 (1892–2025) FL 33 (1946–2026) NC 31 (1931–2025) TN 31 (1907–2017) MO 31 (1867–2025) MA 29 (1895–2024) AL 29 (1897–2025) IA 28 (1871–2026) AZ 25 (1965–2025) OK 24 (1913–2017) MD 24 (1914–2026) MN 22 (1892–2026) MS 22 (1969–2024) ID 22 (1905–2019) GA 21 (1935–2024) WI 19 (1906–2026) WV 18 (1925–2025) WA 17 (1925–2021) KS 17 (1922–2006) VA 15 (1936–2024) LA 14 (1934–2020) ME 14 (1968–2026) NM 14 (1922–2024) NE 14 (1905–2021) UT 13 (1925–2025) DC 10 (1973–2021) KY 10 (1912–2021) ND 10 (1982–2015) AR 10 (1906–2017) SC 8 (1950–2024) DE 8 (1936–2026) NV 7 (1977–2021) VT 7 (1898–2026) RI 7 (1890–2016) HI 6 (1973–2010) SD 6 (1912–2021) NH 4 (1845–2012) WY 4 (1958–2020) AK 3 (1979–2024) MT 3 (1940–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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